If my father bought a car for my brother but my brother was listed on the title as the owner and my father as the lienholder, what happens to it now that my brother has died?

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If my father bought a car for my brother but my brother was listed on the title as the owner and my father as the lienholder, what happens to it now that my brother has died?

There was no contract or signed paperwork for the loan, just a word of mouth agreement. Since this, my brother has died without a Will or estate. Can my father claim ownership of the vehicle or is it inherited by my brother’s wife?

Asked on May 19, 2015 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your loss.  If the loan is in  default and your father wishes to reposses the car then he ahs to act accordingly.  Otherwise the car is part of your brother's estate and the intestacy laws in the state will govern distribution thereof.  Good luck.


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